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Select Board Meeting Minutes 7/15/2020

Meeting date: 
Wednesday, July 15, 2020

Minutes of the meeting of 7/15/20

Meeting Opened at: 9am

Select Board Members Present: Donald Coburn, Chair and Steven Weisz

John Weingold (remotely)

Also in attendance: Shawn Tryon, Laurie Shaw, Bob Rausch, Barbara Swann,

Also in attendance remotely: Fred Williams, Scott Margol, Ellen Coburn, Adam Chait, Peter Chait, Kenn Basler,

The following items were discussed:

  1. Don began the meeting offering John Weingold an opportunity to withdraw his multiple public records requests and open meeting law violations.  John declined.
  2. John Weingold informed the board that he would be recording this meeting.  He also suggested that Don refrain from sending him emails and only perform select board business in open meetings. John stated that if Don continues to send emails he would block him.  In response to that Don read into record an email he sent to John on 7/12/2020.  He stressed that John’s request to MBI for public records has distressed our contact and that John didn’t have the authority to reach out and by doing so may be endangering the future of broadband in this town.  It was noted that prior to John being elected Steve and Don reached out to offer assistance which John declined.  Steve added that the only way we are going to get things done is to work in a positive fashion in the spirit of cooperation.
  3. Shawn Tryon, Fire Chief came in to request the special event permit for the steak roast (beer and wine only) as well as provide details of the modified event.  The steak roast will be “to-go orders” only, no sit down.  Shawn requested permission to use the Community Center parking lot for additional staging to fill orders and keep RT 23 free of congestion.  The Board made a motion to approve the proposal/permit with the understanding that the Community Center must sign off on the use of their property.  The motion was seconded and approved unanimously.
  4. The Police Chief’s contract was accepted and signed for FY21.
  5. Town beach: Don reported that the governor’s guidelines state that toweling/beach blanket groups must be 12 feet apart and are limited to same groups of 10.  Masks must be work unless swimming.  The Board discussed ordering additional signage.  Parking issues were discussed.  Don spoke with the Chief of Police who said we could prohibit parking on the westerly side of Tyringham Rd.  There are questions about the roped off section on the corner of Tyringham and Sylvan Rd and who actually owns the property (the town shows the Commonwealth and the Commonwealth shows the Town as owner).  Shawn said there is also an issue with folks blocking the fire department’s access at the dam on Beartown Mtn Rd.  A motion was made to have Shawn and the police place no parking signs on Tyringham Rd and open up the property near the Amidon’s with 2 spaces designated for trailers only.  No Parking signs will also be placing at the dam.  It was suggested that a map be made.  The motion passed unanimously.
  6. John reported that he stopped at the beach and the lifeguards voiced some concerns.  John was informed that this is the jurisdiction of the elected Parks Commission and it should go through their Board.
  7. COVID-19 updates: none
  8. The following end of year transfers were approved:
    1. $2,500 from 01-220-5308-000000-1 to 01-220-5120
    2. $253.12 from 01-123-5110-000000-2 to 01-240-5110
    3. $425.76 from 01-123-5110-000000-2 to 01-422-5110
    4. $57.72 from Library Maintenance to Library Wages
    5. $211.64 from Library General to Library Wages
    6. $2,878.73 from 01-220-5308-000000-1 to 01-220-5242-000000-2
    7. $1,938.17 from 01-220-5308-000000-1 to 01-220-5242-000000-2
    8. $14.18 from 01-220-5308-000000-1 to 02-220-5870-159001-0
    9. $345.70 from 01-423-5535-000000-2 to 01-424-5210
    10. $3,000 from 01-123-5110-000000-2 to 01-135-5313
    11. $436.81 from 01-123-5110-000000-2 to 01-122-5130-000000-4
    12. $0.04 from 01-123-5110-000000-2 to 01-294-5190
    13. $1,193.10 from 01-160-5118-000000-1 to 01-162-5120
    14. $1,231.40 from 01-160-5118-000000-1 to 01-160-5110
    15. $265.29 from 01-240-5580 to 01-240-5110
    16. $434.59 from 01-423-5535-000000-2 to 01-425-5480-000000-1
    17. $825.45 from 01-423-5535-000000-2 to 01-425-5480-000000-1
  9. Budget procedure: Don’s draft was sent to the department heads for input.  Steve’s draft will be sent this week.
  10. Select Board corner: The Board discussed whether or not this should continue.  Admittedly this task has more often than not fallen to the Administrative Assistant to write.  A suggestion was made to try to continue it with Melissa seeking topic ideas from the Board which she would then be tasked with drafting.  It was suggested that the August article be on social distancing at the beach.
  11. Select Board goals for the year: Don placed this on the agenda to consider and discuss at a future meeting.  Steve and John both agreed this is a great idea.  This will be discussed at the next meeting.
  12. Town Administrator: Don requested authorization from the Board to discuss this issue with Mark Webber, Interim Town Administrator in Stockbridge to seek guidance from him.  John reported to reach out to him as a private citizen and he claims that Mark declined to get involved with Monterey.  It was agreed to allow Don to reach out to him.
  13. Consideration of recall bylaw:  Don drafted a proposed article on recall elections.  Don requested permission to send to counsel for his review prior to getting into specific discussions that would need to be decided (such as the number of voters to approve, timing, etc).  Steve and John both supported Don looking further into the process.
  14. Administrative Assistant items:
    1. Direct deposit policy for new hires: the Treasurer is still waiting on the applicable laws from the Department of Revenue on the matter.
    2. Public records request from John Weingold: Don asked if John was just fishing or if there were items that John was aware of that the other Board members should also be made aware of.  Steve advised that the first step in requesting records is to come in and ask.  Don and Steve were concerned about the possible harassing nature of the barrage of requests.
  15. Minutes of 6/24/20 were approved.
  16. Minutes of 7/1/20 were approved with the edits from Steve and Don by Steve and Don only.  John did not send his edits through the proper procedure so they were not added.
  17. Monterey schoolhouse: this has been tabled twice at town meetings.  Don made a motion to table this topic.  The motion failed.  A second motion was made by Don to table this for 2 weeks.  The motion failed.  It was agreed to allow Barbara Swann 10 minutes to provide the Board with options to look for future uses and possible funds that may be available.
  18. Town Administrator job description details: John inquired if there were any draft job descriptions.  John requested to have one meeting dedicated to just discussing the Town Administrator position, all agreed.  Don explained it was already decided last year that the Board wanted to hire a temporary Administrator to assist us in writing the job description and finding the right person for the position.
  19. 5 year Capital Improvement Plan: John inquired if there was one.  M. Noe informed John that there is a 20 year plan and she will send it to him.  John wants to see a committee formed to create a 5 year plan to assist the grant writers in their research and writing.
  20. 5 Year Master Plan/Visioning:  John stated that other towns do visioning for the future and suggested that Monterey should do the same.  Steve stated that the Berkshire Regional Planning Commission does provide funding to assist in writing a master plan.
  21. IT Audit/review: John inquired if the town has scheduled the IT audit.  M. Noe informed John that just prior to COVID she was working with the state to schedule the audit but since COVID hit the assessment has been postponed.
  22. Town Website Issues: John had concerns about how the website was layed out and who had access to make changes. John was informed that M. Noe was responsible for maintaining the website.
  23. Town Counsel Contract terms/legal opinions, & procedures:  A motion was made to approve the contract which was seconded.  John argued that it is a memorandum of understanding and not a contract.  The motion passed 2 to 1 with John voting no.
  24. Future Meeting with Michael Baldino, MBI, electronically: John requested permission to speak with Michael on his own.  John made a motion to invite Michael Baldino to a public meeting with all 3 selectmen.  The motion failed 1 - 2 with Steve and Don voting no.  A request was made that John withdraw his public records request to MBI so as to not interfere with the ongoing negotiations.
  25. Monthly Community Forums with newer homeowners/citizens electronically at first:  John stated that he had requests come thru to him for this type of forum.  Steve reminded him that we host this type of meeting once a year.
  26. Vacation pay carryover: John asked if the bylaw controls or the handbook.  M. Noe will follow up on this and report back to the Board with her findings.
  27. Select Board meeting schedule:  John did not feel that meeting twice a month was going to be adequate.  John made a motion to meet at 6:30pm for the next 3 months.  The motion was defeated 2 – 1.
  28. Open meeting law complaint from R. Wolin – Ms. Wolin resubmitted an amended open meeting law complaint, signed this time.  Don read into record a proposed response for approval.  A motion was made to send this response.  The motion passed 2 – 1 with John voting no.
  29. At the last meeting it was decided to send a letter to the person harassing the staff at the transfer station.  This letter did not go out, it will be drafted and sent this week advising the resident that her right to use the station is a license issued by the town and the Board will consider revoking her permit if she continues to treat the employees poorly.  This was approved 2 – 1 with John voting no.  Steve repeated that he spoke with Counsel and he advises we have the right to revoke the permit and suggested if we do that to also refund the monies.  Counsel stated that the Police have the right to issue a no trespass order.
  30. Mullin Rule Bylaw passed last year: Don recommended that the bylaw and statue be sent around again to the various boards as a reminder.
  31. Opportunity for public comments: There were none.

A motion was made and unanimously approved to adjourn the meeting at: 10:47am

Submitted by:

Melissa Noe, Administrative Assistant

Approved by:

Monterey Select Board

 

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

 

Any documents used in the meeting are listed below and are available by request at town hall.

  1. Email dated 7/12/2020 from Don Coburn to John Weingold (subject line THE AGENDA).
  2. Police Chief’s FY21 contract
  3. Steak roast special event application
  4. 17 internal transfer forms
  5. Response to R. Wolin Open Meeting Law complaint.
  6. Draft bylaw for recall